Indiana DUI Laws

The official term used in Indiana DUI Laws is “operating while intoxicated” (OWI) however, some people still use DUI or (driving under the influence) to describe someone driving drunk or drugged.

OWI Laws affect all drivers!

If you have been drinking, please don’t drive!  Take a cab, public transportation or some form of ride sharing service.

• All motorists with a blood alcohol concentration (BAC) of .08% or more are prohibited from operating a vehicle.
• If you are intoxicated by alcohol or drugs, you are prohibited from operating a vehicle.
• If you have any amount of schedule I or II controlled substance in your system, you are prohibited from operating a vehicle. There is long list of controlled substances in schedule I and schedule II classifications which includes, hallucinogenic drugs, marijuana, opiates, methamphetamine and cocaine.

Indiana DUI Laws are tough on underage drivers

There is a “Zero Tolerance” law for underage drivers operating a vehicle with a BAC of .02% or more.

What if I Refuse a Blood or Breath Test in Indiana?

Under Indiana’s “implied consent” laws it is required that all drivers lawfully arrested for an DUI/OWI submit to a blood and/or breath test. There is a one-year license suspension for drivers who refuse testing and have no prior OWI convictions. If the driver has at least one prior OWI, the refusal penalty is two years.

How much jail time will I have to serve for a DUI in Indiana?

First time or not, almost everyone who is arrested for a DUI in Indiana, will likely spend some time in jail after being arrested. Often, it is less than a day.  However, if it is a holiday, or a weekend or if the DUI resulted in serious bodily injury, it could be longer. How long you spend in jail before trial could come down to the amount of bail/bond and how much you can afford.  There will be a higher bail/bond amount, the more serious the charge.  Also, if you have prior activities such as if you are on probation, have pending charges elsewhere, or have an active warrant, you could be held for much longer.

Let us sum things up

You might be hoping to get the charge dismissed altogether, if you are charged with an OWI in Indiana. It’s highly unlikely a prosecutor will agree to a full dismissal, unless the court throws out evidence that’s critical to prove the charge.

It is possible to have a reduction to a “wet reckless” in some cases. A reckless driving offense that involves drugs or alcohol is a wet reckless offense. A normal reckless driving conviction carries the same penalties as a wet reckless except there’s a $200 “alcohol and drug countermeasures” fee.

Learn more here

Still have questions?  Contact the experienced Lafayette, IN DUI lawyers at Hall-Justice Law Firm. It is our job to help you navigate the system to help you get your maximum outcome. If you have been involved in an Indiana DUI/OWI incident, Get Justice. Call 765-742-2987.